NEWTON PLANNING BOARD
MINUTES OF PUBLIC HEARING
SEPTEMBER 8, 2009
1. Call to Order:
Chairperson Miles called the meeting to order at 7:03 pm. In attendance were: Chairperson Ann Miles; Vice Chairman Jim Doggett; Planning Board member Barbara White; and Alternates Chuck Whitman, Mary Allen and Rick Milner. Minutes were transcribed by Administrative Assistant, Lisa Babcock.
Miles appointed Whitman to stand in for Vaillant, Allen to stand in for Pettit and Milner to stand in for Gibbs.
Also in attendance: Brian Growth, Circuit Rider and Bill Ingalls, Fire Chief.
2. Joe Ferrandi – request for town acceptance of Patriot Drive and release of bond: Mr. Ferrandi was present. The board was informed that a deed for parcel A had not been received yet, a maintenance bond was not in place and there are outstanding NPREA fees for the project.
Mr. Ferrandi asked that board to consider that it took over a year to get the paperwork together and the town had changed the requirements half way through the project. Mr. Ferrandi also stated that the economy is bad and he needs the bond money to pay people who worked on the road. He also stated that if the bond money is not released before September 11th, it will be lost. He suggested the town release the bond to itself to keep the money from being lost.
Doggett said that the town requires a 10% maintenance bond on new roads. The bond must be held for 2 years.
Mr. Ferrandi asked that the board bend the rules. Allen stated that all of the other developers have been required to comply with these rules and the board does not want to set a bad precedent. The regulations can be changed but that must occur at a public hearing.
Whitman stated that all developers must be treated the same and Milner pointed out that at the work session two weeks ago Mr. Ferrandi had been told what was required for the road to be accepted.
Mr. Ferrandi asked the board to show compassion and consider that this is a hardship for him. Doggett stated that the law doesn't allow for compassion and that monetary difficulty is specifically excluded from the definition of hardship.
3. Chester E. Bearce of Newton, NH requests a public hearing for a Lot Line Adjustment at 6 & 8 Merrimac Rd, Newton. The property is referenced as Tax Map 12, Block 6, Lots 14-1 & 3-2 and Tax Map 12, Block 6, Lots 10 & 11.
Miles opened the public hearing for a lot line adjustment at # 6 & # 8 Merrimac Road.
Engineer Dennis Quintal and property owner, Chester Bearce were present. Mr. Quintal addressed the board. He explained that the idea was to remove a section of land, denoted Parcel A on the plan, from tax map 12, block 6, lot 11 and add it to tax map 12, block 6, lot 10. The plan also straightens out a lot line between map 12, block 6, lots 3-2 and 14-1.
Miles asked if the lot-line adjustment between map 12, block 6, lots 10 and 11 would create a parcel that is part commercial and part residential. Mr. Bearce said no because the commercial/residential line runs along the property line between the 2 lots.
Doggett moved to approve the lot-line adjustments for Chester Bearce at # 6 & # 8 Merrimac Road as depicted on plans dated July 2009 (no revisions), Tax Map 12, Block 6, lots 3-2, 14-1, 10 and 11. Second by White. Motion carried unanimously.
Allen moved to authorize the chair to sign the mylar as long as all fees have been paid. Second by Doggett. Motion carried unanimously.
Miles closed the public hearing for lot-line adjustments at # 6 & 8 Merrimac Road.
4. Circuit Rider Planner
Miles stated that the Rockingham Planning Commission had appointed a new circuit rider for Newton. Brian Groth introduced himself to the board.
5. Ann McKillop Araki of Boise, ID requests a public hearing for a 4-lot Subdivision and Roadway at 9 Sarah's Way, Newton. The property is referenced as Tax Map 10, Block 2, Lot 10-7.
Miles recused herself and left the table to take a seat in the audience.
Vice Chairman Doggett opened the public hearing for a 4-lot subdivision and roadway at 9 Sarah's Way, Tax Map 10, Block 2, Lot 10-7.
Engineer Dennis Quintal was in attendance to represent the applicant. Ms. Araki was not present.
Mr. Quintal reviewed the plan which was designed to extend Sarah's was from the existing cul-de-sac and end at a second, modified cul-de-sac and 4 new house lots. Mr. Quintal explained that it was necessary to extend Sarah's Way only a short distance to get the required frontage for each lot. He designed the road and smaller cul-de-sac in order to minimize impact to the wetlands and create a smaller area for the town to maintain.
Mr. Quintal said that instead of a second cul-de-sac, he had also designed the road with a "Y" shaped ending. He handed out drawings of this alternate design. Mr. Quintal said that he had done this after some comments from Gibbs at the Technical Review meeting about snow storage and turning radius. Mr. Quintal said large vehicles would turn around by pulling into one branch of the "Y" and backing into the other branch.
Mr. Quintal then reviewed the comments from KV Partners in a letter dated September 3, 2009.
1. The proposed roadway extension increases the length of the cul-de-sac from 1,200' to 1,800' …exceeding the maximum length in the Subdivision Regulations. Mr. Quintal said it was up to the board to decide if this length is ok.
2. The roadway profile does not provide the required 1% landing for 100' from the intersection. Mr. Quintal said he felt the 1% for 100' requirement is unreasonable for the slow speeds of this road. He has prepared a waiver for this requirement.
3. Radius of cul-de-sac 35' instead of 62' – a waiver has been submitted.
4. Roadway width 18' instead of 24' – a waiver has been submitted.
5. Location of new cul-de-sac is within 400' of existing cul-de-sac…will create additional and unnecessary maintenance for the town…should consider requiring removal of the existing cul-de-sac. Mr. Quintal said he did not want to propose a full sized cul-de-sac because of the disturbance to the wetlands it would cause. He also felt that leaving the existing cul-de-sac in place would create a staging area for emergency vehicles.
6. Roadway profile depicts a 2.5% grade. Mr. Quintal said this was an error and would be corrected.
7. Add a stop sign. Mr. Quintal said it would be added.
8. Common driveway details must be specified. Mr. Quintal said this information can be provided.
9. Add a construction note requiring all proposed construction will be in accordance with NHDOT standards. Mr. Quintal said a note will be added.
10 – 12. Easements and silt fences must be added and plans must be stamped. Mr. Quintal said all of this will be done.
Mr. Quintal said he will address comments 13 – 15 with the town's engineer directly.
Wetlands permit and subdivision approval are still needed.
Doggett asked if any of the abutters present wanted to make any comments.
Lee Vose of 10 Sarah's Way addressed the board. She said that she purchased her home on a cul-de-sac because of her small children and now she won't be on a cul-de-sac any more. She was also concerned about what types of homes would be built.
Gibbs arrived at 8:07 pm. He is recused from this hearing.
Gerald Bergeron of 7 Sarah's Way addressed the Board. He said he was concerned about the number of waivers being requested and the effect the waivers would have on the new homeowners.
Russell Lapierre of 2 Sarah's Way addressed the Board. He asked about a reference in the TRC Minutes about a paper street. Mr. Quintal said that a paper street is a right of way – a road that is not constructed – often used to allow access to back lots. He said he was probably not quoted correctly in the minutes.
Ms. Vose asked what kind of houses would be built. Doggett said the planning board does not have the authority to stipulate what types of houses can be built. Mr. Quintal said developers typically match the existing houses in the neighborhood.
Andrew Bufano of 11 Meadowview Drive addressed the board. He said he is concerned about property values. He also asked how close a house can be built to the lot-line. Mr. Quintal said the setback is 25' on each side-lot. Mr. Bufano also said that some test pits were dug near his property line. He would like to see them filled in for safety reasons.
Gibbs asked how close a leaching system can go to a lot line. Mr. Quintal said the state rule is 10'.
Mr. Quintal was asked why the proposed road would be so narrow – 18' instead of 24'. Mr. Quintal said it is his opinion that narrower roads help reduce driving speeds. He also said more pavement increases the area of impervious surface and hinders ground water re-charging.
Mr. Bufano said that he feels the change will decrease the value of the existing homes and change the character of the neighborhood.
Fire Chief Ingalls addressed the board. He said that NFPA requires roads to be a minimum of 20' wide so that 2 emergency vehicles can pass each other. This is part of the state fire code and a waiver might be needed from the state. Mr. Quintal said the roads will be 18' of pavement and 2' of gravel on each side. He asked what the regulation says about surface requirements. Chief Ingalls said the surface must be suitable for driving.
Chief Ingalls also said that with the road being 1800' he recommends that the houses are equipped with sprinkler systems. He said the regulations require both a dry hydrant and sprinklers for streets over a certain length.
Doggett asked if a large fire truck could pass over the narrow culvert. Chief Ingalls said if it is built correctly it should not be a problem but the width should be 20', the roadway and "Y" should both be 20' wide.
Chief Ingalls also noted that as of January 1, 2010, all homes will require a CO2 detector.
Doggett said he prefers the "Y" design over the cul-de-sac design. He was concerned about the driveways that extend into the ROW and the guardrails that would have to be maintained by the town. Doggett suggested changing the outline of the ROW. Mr. Quintal said that would require a waiver on lot-width for one of the lots. Doggett pointed out that that is a zoning ordinance, not a regulation.
Doggett also questioned the culvert. He said that it will look like privately owned property but it will be in the town ROW. He wondered where plowing would end.
Doggett said he preferred to see the dry hydrant relocated instead of just removed.
White said that 18' of pavement and 2' of gravel on each side would give a road width of 24', but when snow builds up on the sides, the extra 4' could be lost. Gibbs said that when he was plowing he always pushed the snow 2' off both sides of the road.
Doggett added that in wet weather the gravel might not support a vehicle.
Allen was concerned about water run-off from the new street.
Doggett said that the town's engineer had recommended removing the existing cul-de-sac. Gibbs pointed out that that would push all the traffic of cars turning around to the end of the new road. Other board members agreed that it would be best to keep the existing cul-de-sac.
Doggett suggested that Mr. Quintal review the curve off the existing cul-de-sac onto the new road. He also suggested making the cul-de-sac a one-way. He asked that Mr. Quintal show the width of Sarah's Way before the existing cul-de-sac on the revised plans.
The secretary said the road agent had stopped by during the day and gave some comments verbally – he was concerned with snow removal and the increased maintenance of the road.
The board also reviewed a memo from the conservation commission asking for a 40' no-cut zone where the property abuts Greenie Park. The board determined that 25' was more reasonable.
The board declined to take jurisdiction so as not to start the 65 day time-clock.
Whitman moved to continue the public hearing to October 13th, 2009. Second by White. Motion carried unanimously. (Miles and Gibbs recused.)
Miles came back to the table.
6. Acceptance of Minutes:
Doggett moved to accept the minutes of August 25th, 2009 as written. Second by Allen. Motion carried unanimously.
7. Manifests:
Doggett moved to authorize the chair to sign the Operating Budget manifest dated 9/8/09 in the amount $564.07. Second by Gibbs. Motion carried unanimously.
8. Regulations regarding excavations:
Doggett suggested that the circuit rider take the Alexandria model "Regulations Governing Earth Excavations" and adapt it for Newton. A public hearing is scheduled for 9/22.
Miles noted that a building had been burned down (intentionally – as a method of demolition) at Katherine Drive. She wanted to know what would happen to all the debris from that fire. Gibbs said the building department is in charge of demolition and should have the name of the container service removing any debris from the site.
White asked if the building department could give the planning board copies of demolition permits.
Doggett noted that the developers on Katherine Drive are still using the driveway that was supposed to be abandoned to access the site.
Doggett moved to send a letter to the developers at Katherine Drive stating that no more occupancy permits will be signed until the driveway is properly abandoned. Second by Allen. Motion carried with Milner opposed.
9. Sargent Woods Invoices and revised bonds: The secretary stated that more research is needed to determine which invoices can be paid with the draw down from the bonds. The bonds specify what type of work is covered.
10. Plan NH: Whitman put up the road signs around town. He will also put the banner on the side of the 108 fire station and contact the Newton Junction Baptist Church about putting the other banner up on the West Main fire station. The secretary will check with the transfer station to see if they removed the banner from the fence, it is no longer up.
Whitman said the fire station will set up a table or emergency vehicle on Sept. 26th.
White received a raffle donation of a cat scratching post from ArubaCat. It is valued at $80. She will also receive a raffle donation from Puppy Tails.
Milner said he will donate 2 brand-new baseball gloves.
The board discussed setting up a schedule of who will speak as part of the introductory session at the town hall. Allen suggested that Miles begin the session then hand the meeting off to Selectman McCarthy. Miles said the board needs to let the secretary know who will be attending and when.
The secretary stated that Selectman Donovan had cautioned the board not to use money to purchase things for which there is no line-item in the budget. Therefore donations will be needed for food. Advertising and office supplies have been used to date and the board has line items for both of those.
11. Coleman McDonough – request for extension for conditional approval on lot 27-1, Phase II.
The board will look at the extension during the work session.
12. Code Enforcement Officer: The new code enforcement officer, Steve Duncanson introduced himself and said his contact information is on the web site.
13. Adjourn: Miles adjourned the meeting at 9:51 pm.
Respectfully Submitted,
Lisa Babcock
Administrative Assistant
Newton Planning Board
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